Police, Crime, Sentencing and Courts Act 2022

Section 44

SCHEDULE 3 U.K. Extraction of information from electronic devices: authorised persons

PART 1 U.K. Authorised persons in relation to all purposes within section 37 or 41

Commencement Information

I1 Sch. 3 Pt. 1 not in force at Royal Assent, see s. 208(1)

I2 Sch. 3 Pt. 1 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

• A constable of a police force in England and Wales.

• A member of staff appointed by the chief officer of police of a police force in England and Wales.

• An employee of the Common Council of the City of London who is under the direction and control of a chief officer of police.

• A constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (see section 99 of that Act).

• A member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012.

• A police officer within the meaning of the Police (Northern Ireland) Act 2000 (see section 77(1) of that Act).

• A constable of the British Transport Police Force.

• An employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003.

• A constable of the Ministry of Defence police.

• A National Crime Agency officer.

• [F1 A member of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police.]

• A person who has been engaged to provide services consisting of or including the extraction of information from electronic devices for the purposes of the exercise of functions by a person listed in this Part of this Schedule.

Textual Amendments

F1 Words in Sch. 3 Pt. 1 inserted (26.5.2023) by The Police, Crime, Sentencing and Courts Act 2022 (Extraction of information from electronic devices) (Amendment of Schedule 3) Regulations 2023 (S.I. 2023/575), regs. 1(1), 2(2)

PART 2 U.K. Authorised persons in relation to all purposes within section 37

Commencement Information

I3 Sch. 3 Pt. 2 not in force at Royal Assent, see s. 208(1)

I4 Sch. 3 Pt. 2 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

• F2 ...

• A person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

• A person who is an enforcement officer by virtue of section 15 of the Gangmasters (Licensing) Act 2004.

• A person who has been engaged to provide services consisting of or including the extraction of information from electronic devices for the purposes of the exercise of functions by a person listed in this Part of this Schedule.

Textual Amendments

F2 Words in Sch. 3 Pt. 2 omitted (26.5.2023) by virtue of The Police, Crime, Sentencing and Courts Act 2022 (Extraction of information from electronic devices) (Amendment of Schedule 3) Regulations 2023 (S.I. 2023/575), regs. 1(1), 2(3)

PART 3 U.K. Authorised persons in relation to the prevention of crime etc only

Commencement Information

I5 Sch. 3 Pt. 3 not in force at Royal Assent, see s. 208(1)

I6 Sch. 3 Pt. 3 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

• An officer of Revenue and Customs.

• A person designated as a general customs official or a customs revenue official under the Borders, Citizenship and Immigration Act 2009 (see sections 3 and 11 of that Act).

• [F3 An officer of the department of the Secretary of State for Business and Trade.

• An officer of the department of the Secretary of State for Energy Security and Net Zero.

• An officer of the department of the Secretary of State for Science, Innovation and Technology.]

• A member of the Serious Fraud Office.

• A person appointed by the Financial Conduct Authority under the Financial Services and Markets Act 2000 to conduct an investigation.

• An officer of the Competition and Markets Authority.

• A person who is authorised by the Food Standards Agency to act in matters arising under or by virtue of the Food Safety Act 1990.

• A person who is authorised for the purposes of Part 6 of the Social Security Administration Act 1992.

• An inspector appointed under section 15 of the Child Support Act 1991.

• A person designated by the Director General of the Independent Office for Police Conduct under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002.

• The Police Investigations and Review Commissioner.

• A person designated by the Police Investigations and Review Commissioner under paragraph 7B(1) of Schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).

• An officer appointed by the Police Ombudsman for Northern Ireland under section 56(1) or (1A) of the Police (Northern Ireland) Act 1998.

• A person who is an enforcement officer by virtue of section 303 of the Gambling Act 2005.

• A person who has been engaged to provide services consisting of or including the extraction of information from electronic devices for the purposes of the exercise of functions by a person listed in this Part of this Schedule.

Textual Amendments

F3 Words in Sch. 3 Pt. 3 substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 22 (with art. 17)